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1. Tidmarsh v Glover [pdf, 271 KB]

   ...the work himself, he had taken upon himself a far greater responsibility than Mr Glover in this present case which means the likelihood of Mr Glover being liable in tort is significantly less than Mr Castelein in Willis . [141] Willis was an appeal from the District Court decision of Judge Lawson and involved a vendor, Castelein, who had personally undertaken building and renovation work on the property prior to the sale to Willis. Castelein was not a professional builder but h...

2. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...(Sunset Terraces)3 where Heath J held that if the building could be built by a reasonable builder who would have access to the manufacturers‟ specifications no greater detail would be required to achieve a workmanlike result. This was upheld on appeal in Sunset Terraces4 where Baragwanath J said: [121] I agree with the Judge. No purpose would be served by requiring a designer to incur the cost of providing detail not reasonably necessary for the task. There being no carelessn...

3. [2010] NZEMPC 136 Postal Workers Union v NZ Post Ltd [pdf, 50 KB]

   ...of the Act was considered in some detail in a different context by the Full Court in Idea Services Ltd v Dickson.2 Mr Mitchell submitted that the relevant daily pay provision in s 9 was intended to change the law as established by the Court of Appeal in Greenlea Premier Meats Ltd v Horn3 and to require employers to pay what the employee would actually have earned rather than some lesser rate. Mr McIlraith noted that there was no direct reference in the Explanatory Note to the Holi...

4. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...ought to impact on penalty. 9. The importance of maintaining public confidence in the provision of legal services, which incorporates scrutiny of the disciplinary process. The purposes of disciplinary penalties was discussed by the Court of Appeal in Morahan4: [40] In deciding whether s 351 of the 2006 Act prohibited the Tribunal from considering in its penalty decision Mr Morahan’s conduct prior to 1 August 2002, we consider it helpful to first examine the purpose that underp...

5. King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) [pdf, 303 KB]

   ...Section 227A of the Act is also relevant. It provides that a trustee must not be involved in any decision making concerning an issue that affects them directly, or indirectly, particularly where there is the prospect of gain. As the Court of Appeal set out in its decision Naera v Fenwick, the conflict rules are prophylactic in that they are designed to remove the fruits of temptation.13 That is why it is critical that a trustee must bring a mind unclouded by personal considerations...

6. Z v D LCRO 4 / 2008 (23 April 2009) [pdf, 44 KB]

   ...(such as an application for costs revision) need to have been taken before a right can be said to exist or be accrued. “Accrued right” is the phraseology used in s 20(e) of the former Acts Interpretation Act 1924. In this regard the Court of Appeal has stated that there has been no substantive change in meaning as between those two Acts: Claydon v A-G [2004] NZAR 16 (CA) per McGrath J at para 85. [21] It is my view that the applicants who had received a bill of costs but as at...

7. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...6 Eriwata v Trustees of Waitara SD Section 6 and 91 Land Trust (2005) 15 Whanganui Appellate MB 192 (15 WGAP MB 192) and Te Hokowhitu v Proprietors of Matauri X (2010) 2010 Māori Appellate Court MB 566 (2010 Appeal 566). 7 Ibid. 51 Taitokerau MB 285 [35] The test to ascertain whether the learned judge properly exercised his discretion whether to grant the injunction or not, is that which applies to permanent injunctions. [36] Mr Taylor

8. Taueki v Horowhenua District Council – Horowhenua (11) Lake (2012) 294 Aotea MB 236 (294 AOT 236) [pdf, 260 KB]

   ...the surrounding land is complex and this oral decision need not be encumbered with that detail. For present purposes however, a useful summary of background facts relevant to the proceedings can be found in the recent judgment of the Court of Appeal Taueki v R which is now reproduced in full for convenience: 4 [5] Mr Taueki is a member of the Muaüpoko iwi whose members, as we shall discuss, are the owners of the lake bed and relevant land. For these purposes, the starting po...

9. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND AND BETWEEN AND AND Decision No. [2018] NZEnvC S l­ of the Biosecurity Act 1993 the Resource Management Act 1991 (RMA) of an appeal pursuant to s 291 of the RMA FAR NORTH HOLDINGS LIMITED KERIKERI CRUISING CLUB WHANGAREI HARBOUR MARINE MANAGEMENT TRUST WHANGAROA MARINA MANAGEMENT TRUST RIVERSIDE DRIVE MARINA (2015) LIMITED (ENV-217-AKL-137) Applicants...

10. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

    ...relationship with the trustees, and the means of the trust (which at present is not known), are relevant 10 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 158 Taitokerau MB 99 factors for them to consider. I encourage the parties to discuss this issue to see if it can be resolved by agreement. If it cannot, and costs are sought, the parties will have to file submiss...